Safrath has a Bachelor of Arts in music from Long Island University at C.W. All delinquent child support and maintenance payments which have accrued based upon judgments or orders of courts of this state entered prior to Sept. 29, 1979, shall draw interest at the rate of six percent per annum through Sept. 28, 1979; at the rate of 9% per annum from Sept. 29, 1979, through Aug. 31, 1982; and thereafter at the rate of one percent per month. Past-due child support payments accruing after the establishment of the current support order shall draw interest from the date they become delinquent. For decrees and judgments rendered on and after July 20, 2002, interest on decrees and judgments for the payment of money shall be fixed at a rate equal to two percentage points above the bond investment yield, as published by the Secretary of the Treasury of the United States, of the average accepted auction price for the first auction of each annual quarter of the twenty-six-week United States Treasury bills in effect on the date of entry of the judgment. A court may assess interest on a child support arrearage prior to judgment pursuant to section 3123.17 of the Revised Code. Support is generally owed until the child turns 18. (B) Except as provided in divisions (C) and (D) of this section and subject to section 2325.18 of the Revised Code, interest on a judgment, decree, or order for the payment of money rendered in a civil action based on tortious conduct or a contract or other transaction, including, but not limited to a civil action based on tortious conduct or a contract or other transaction that has been settled by agreement of the parties, shall be computed from the date the judgment, decree, or order is rendered to the date on which the money is paid and shall be at the rate determined pursuant to section 5703.47 of the Revised Code that is in effect on the date the judgment, decree, or order is rendered. Statute of Limitations Up to counties whether they want to charge interest at above amounts. Before that time, interest on missed payments, retroactive support and adjudicated arrears was at three different levels in three different periods. Child support is not only based on the idea that both parents are legally obligated to provide care for their children, but also that children deserve to have the same standard of living they would have had if their family unit had stayed intact. (d) This section shall apply only to judgments by operation of law arising on or after July 1, 1990. A court of proper jurisdiction orders such payments. Loan to Pay Off the Back Child Support Debt. Most government child support calculators do not calculate or collect back interest on the unpaid child support that is owed to custodial parents. The non-custodial parent will not regain such privileges until an arrangement is made to pay the arrears and compliance is demonstrated. Alabama's Department of Human Resources has a division in place authorized to handle child support enforcement issues. Stat. My family court judge was not happy to learn about this Federal statute, because my local family courts charge 12-percent interest per year on child support arrears. When judgment is entered upon any award, report or verdict, interest shall be computed at the above rate, from the time when made or rendered to the time of entering judgment upon the same and included in the judgment. After Sept. 1, 2011: 7.5% interest on the unpaid principle balance at … Bernadette A. Safrath is an attorney who has been writing professionally since 2008. The law that allows for interest rebate states that in order to request a rebate, the parent responsible for making child support payments must have done one of the following: Paid the past-due amount (all arrears owed) and current child support for 12 months before petitioning the court; or Entered into a repayment agreement, has made all payments on the agreement for at least 12 months, and has paid … (c) Third, to payment of interest accruing on unpaid child support. (a) Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract; all other judgments shall bear interest at the rate of 7.5 percent per annum, the provisions of Section 8-8-1 to the contrary notwithstanding; provided, that fees allowed a trustee, executor, administrator, or attorney and taxed as a part of the cost of the proceeding shall bear interest at a like rate from the day of entry. Court-ordered past-due child support payments, court-ordered payments of suit monies and judgments for support pursuant to Section 83 of Title 10 of the Oklahoma Statutes and Sections 238.1 and 238.6B of Title 56 of the Oklahoma Statutes shall draw interest at the rate of 2% per year. You consent to the use of cookies if you use this website. A change in the rate of interest may be made applicable only to the interest that accrues after the operative date of the statute that changes the rate. (b) Upon the settlement of book or store accounts from the day on which the balance is ascertained. (C) Within 10 days after the interest rate per annum is determined under this section, the tax commissioner shall notify the auditor of each county of that rate of interest. Who Gets The Child Support Arrears. All surcharges shall be deemed principal and not interest. (1) On Dec. 1, March 1, June 1, and Sept. 1 of each year, the Chief Financial Officer shall set the rate of interest that shall be payable on judgments or decrees for the calendar quarter beginning Jan. 1 and adjust the rate quarterly on April 1, July 1, and Oct. 1 by averaging the discount rate of the Federal Reserve Bank of New York for the preceding 12 months, then adding 400 basis points to the averaged federal discount rate. Until Sept. 1, 2011: 12% interest on the unpaid principle balance at the end of each month. 7. (4) The waiver or reduction of interest would result in substantial and unreasonable hardship to the parent to whom interest is owed. (B)(i) Interest on unpaid child support that is in arrears shall accrue from the date of the arrearage at the rate of twelve percent (12%) per year; provided, that interest shall no longer accrue on or after April 17, 2017, unless the court makes a written finding that interest shall continue to accrue. 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